Courts & Cases

Trial Notebook

TNB-8-12-22,ph01

Judge ponders puzzling paradox about appellate scrutiny

Concurring in a reversal and remand because of certain errors in a district judge’s detailed 33-page analysis of a trade dress claim, 5th Circuit U.S. Court of Appeals Judge Gregg Costa searched for a rationale justifying a puzzling paradox about disparate levels of appellate scrutiny.

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